Judge says search admissible in child porn case against Wahpeton man

FARGO - U.S. District Court Judge Ralph Erickson has denied a Wahpeton man's request to throw out a search of his apartment that uncovered 747 VHS tapes containing images of child pornography.

Benjamin Joseph Hager argued earlier this summer that a November 2010 search of his residence was illegal because investigators exceeded the scope of the signed warrant.

Hager, 37, has pleaded not guilty to two federal charges of sexually exploiting children.

But, in an opinion released Wednesday, Erickson ruled in favor of federal prosecutors - agreeing investigators had probable cause to search the tapes and acted in "good faith."

The search of Hager's apartment last year stems from Hager's ties to a Detroit-area man, who awaits sentencing on similar charges for using his four under-age daughters to create and distribute sexually explicit images.

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Hager and Robert John Mueller had traded emails and shared images over a peer-to-peer network, authorities said.